2014
Background
Investigations
FAQs
www.feddesk.com
FREE Federal & Military Guides Since 2002
FREE Federal and Military Guides Since 2002 – www.feddesk.com
2014 Background Investigations FAQs
Published by Feddesk.com
FREE Federal and Military Guides Since 2002
www.feddesk.com
Copyright © 2002-2014. Feddesk.com, 1602 Belleview Blvd., Suite 460, Alexandria, VA 22307.
General Email: [email protected], or reach our Publisher at [email protected].
All rights reserved. No part of this book may be reproduced in any form or by
any means without prior written permission from the Publisher. Printed in U.S.A.
The content provided in this guide and on the Feddesk.com website is designed to provide timely information that will assist
you with your career and family life. It is provided with the understanding that Feddesk is not providing legal, financial, or other
professional advice. If professional guidance or advice is needed, we recommend that you consult the appropriate personnel
in your agency/branch or consult a professional that is competent in the needed subject area. While Feddesk staff makes all
reasonable efforts to ensure accuracy of the content, we are not liable for any omission or errors contained in the content.
2014 Background Investigations FAQs
1
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Introduction
The Office of Personnel Management, Federal Investigative Services (OPM-FIS,) provides
investigative products and services for over 100 Federal agencies to use as the basis for suitability and
security clearance determinations as required by Executive Orders and other rules and regulations.
OPM provides over 90% of the Government's background investigations, conducting over two million
investigations a year.
Access to information relating to the background investigation process is critical to the Federal
Government's development in personnel security and suitability. The OPM-FIS conducts background
investigations on Federal applicants, employees, military members, and contractor personnel for
suitability and security purposes. Although agency or organization hiring needs may differ,
understanding investigation processes and using OPM's electronic systems to their fullest potential
improves the Federal Government's hiring capabilities across the board. Streamlined personnel
security and suitability practices help the Federal Government hire individuals in a timely manner while
accurately assessing suitability and fitness for employment, and protecting the United States from
security threats.
2014 Background Investigations FAQs
2
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Background Investigations FAQs
How long does a background investigation take?
The timeliness of a background investigation depends on the type of investigation conducted.
Depending on the type of background investigation, the scope of the investigation may require
coverage for specific items. The need for a security clearance may affect the time period in
which an investigation is completed. Each background investigation requires that certain areas
are covered before an investigation is completed.
A small 'note' was left on my door. It was "OPM Form 1634." It asked that I contact an OPM
investigator at the phone number shown. Is this legitimate and how can I confirm this?
OPM's agents will leave OPM Form 1634 at the residence of contacts. Individuals can verify the
status of an OPM investigator by contacting FIS Security and Safety Team at 888-795-5673 or
[email protected].
Who decides if I get the job or a security clearance?
Adjudications officials at the agency requiring the investigation will evaluate your case and
communicate their recommendation to the appropriate personnel or security office.
When should the OF 306 be completed?
Agencies are responsible for ensuring that applicants selected for positions are suitable for
Federal employment. While it is more practical and cost-effective to initiate a complete
suitability investigation after an individual is selected and has accepted a job offer, agencies
may choose to begin preliminary suitability determinations for all applicants at any time during
the hiring process.
How can I see the report you prepare about me? Do I?
The only persons authorized to see this information are Personnel Security, Suitability, and
Investigations professionals who have been investigated and have a demonstrated need to
review the information. You may request a copy of your investigation file under provisions of the
Privacy Act. For an OPM investigation request, write to OPM-CIS, FOIP, Post Office Box 618,
Boyers, PA 16018-0618. You must include your full name, Social Security Number, date and
place of birth, and you must sign your request.
Why does OPM investigate Federal applicants, employees, and contractors?
The interests of national security require that all persons privileged to be employed in the
departments and agencies of the government shall be reliable, trustworthy, of good conduct
and character, and of complete and unswerving loyalty to the United States. This means that
the appointment of each civilian employee in any department or agency of the government is
subject to investigation. The scope of the investigation will vary, depending on the nature of the
position and the degree of harm that an individual in that position could cause. The requirement
to be investigated applies whether or not the position requires a security clearance (in order to
have access to classified national security information).
2014 Background Investigations FAQs
3
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Doesn't the FBI conduct all Federal background investigations?
The U.S. Office of Personnel Management, the Department of Defense, and a few other
agencies share this responsibility. The FBI mostly conducts investigations on the following:
High level Presidential appointees, cabinet officers, agency heads and staff who may work at
the White House directly for the President.
Why is USOPM requesting 4 credit checks on me when normally one would suffice?
The Office of Personnel Management’s (OPM) Federal Investigative Services (FIS) conducts
background investigations on Federal applicants, employees, and contractor personnel for
suitability and security determination purposes at the request of our customer agencies. A
credit search is a routine part of many of these investigations. The subjects of background
investigations are requested to sign a release form allowing a check of his or her credit history.
Searches are conducted for each name variation a person has used; therefore, there may be
more than one search by OPM showing on a person’s credit report. Credit inquiries from OPM
investigations are included in the Regular Inquiries portion of a credit record, but these inquiries
are “soft” hits and do not have an impact on a person’s credit score.
What is the purpose of OPM's Reimbursable Suitability Investigation (RSI) and how can I request one?
The RSI is not a background or criminal investigation. RSIs are focused investigations to obtain
information to resolve issues developed about an individual. An agency may request an RSI
when it needs additional investigation to resolve issues that might fall outside the normal scope
of another investigation (such as alcohol or drug rehabilitation or credit); to establish a history
or pattern of behavior; or to obtain other information related to suitability or security which is not
necessarily connected to a current background investigation. The cost of the RSI varies
depending on the work to be performed; expedited service is available at an additional cost. A
representative of OPM-FIS will contact the agency prior to scheduling the investigation to
provide a cost estimate. To initiate an RSI, the agency needs only to submit a letter or memo to
OPM-FIS Customer Interface. Customer Interface processes agency requests to reopen
investigations and conduct a Reimbursable Suitability Investigation (RSI). Agencies may submit
their requests via fax (724) 738-0178, or mail: OPM-FIPC Customer Interface PO BOX 618
1137 Branchton Rd. Boyers, PA 16018-0618 If you have a question about a reopen or RSI,
please call the Telephone Liaisons at (724) 794-5228. Reopen or RSI requests must be typed
on agency letterhead and contain the following:
Security Office Identifier (SOI)
Submitting Office Number (SON)
Interagency Payment and Collection Code (IPAC)
Subject's current location and phone number
Clear description of the work being requested in the reopen or RSI
Name, phone number, and email address of the individual submitting the request
For more information about RSIs, see the Federal Investigation Notices, Letter No. 97-2, dated
July 29, 1997, and Letter No. 93-4, dated June 14, 1993; or, call SAST (724) 794-5612,
extension 4600.
2014 Background Investigations FAQs
4
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Many contractors say that a security clearance is needed to apply for their jobs. How can I get a
clearance in advance so I can apply for these jobs? Can I pay for it myself?
The Office of Personnel Management has no procedure for an individual to independently apply
for an investigation, positions maintained by contractor, or security clearance. Clearances are
based on investigations requested by Federal agencies, appropriate to specific positions and
their duties. Until a person is offered such a position, the government will not request or pay for
an investigation for a clearance. Once a person has been offered a job (contingent upon
satisfactory completion of an investigation), the government will require the person to complete
a Standard Form 86, Questionnaire for National Security Positions, initiate the investigation,
adjudicate the results, and issue the appropriate clearance. We know that some Defense
Department contractors require applicants to already have a clearance, and they have the right
to administer their personnel hiring procedures the way they want as long as they don't
discriminate based on prohibited factors (such as race or religion). Persons who already have
clearances are those who are already employed by a government contractor (or by the
government itself) and are looking for other job opportunities.
What if you talk to someone who just doesn't like me and they lie about me?
We talk to as many knowledgeable people as possible to get a balanced, accurate, and
comprehensive picture of the person being investigated. Later, you may have an opportunity to
refute any misleading or false information that was reported about you.
I was arrested for shoplifting 20 years ago. Is that going to be held against me now?
Not necessarily. Any negative information is evaluated regarding its recency, seriousness,
relevance to the position and duties, and in light of, and in relationship to, all other information
about you.
Is it true that the investigation will include a credit report about me?
A search of the records of commercial credit reporting agencies is an integral part of almost all
background investigations.
Are you going to interview people other than those I name on the questionnaire? If so, why?
Yes. Background Investigators are required to identify, locate, and interview a sufficient number
of people who know you well. We want a balanced and unbiased investigation. It would be a
questionable investigative practice to only interview persons whom the individual being
investigated identified for us.
What happens when a falsification or deception or fraud issue is developed in an OPM investigation?
If a material, intentional falsification, or deception or fraud issue is developed during an OPM
investigation, we will contact the agency to coordinate the adjudication. We may assume
jurisdiction after discussing the case with the agency. If an agency feels an OPM investigation
developed a material, intentional falsification, or deception or fraud issue that should have been
adjudicated by OPM but was not, it may contact SAB to request a second review of the case.
2014 Background Investigations FAQs
5
FREE Federal and Military Guides Since 2002 – www.feddesk.com
How should I handle a case when serious issues are admitted on application material or developed
during the examination or appointment process?
Agencies must submit requests to OPM for Governmentwide debarment consideration in any
case warranting a debarment from all covered positions.3. What should I do if I discover
falsification or deception or fraud in examination or appointment is identified? Agencies should
closely review all application material (such as the OF 612, résumé, OF 306), or the results of
any completed background investigation, for indications of material and intentional falsification,
or deception or fraud. This may relate to responses to the suitability questions or to
qualifications, diploma mill degrees, or other types of merit system fraud. Agencies must refer
the case to SAB when it involves the examination or appointment process (initial appointment
or reinstatement to a covered position). OPM may exercise its jurisdiction and take a removal
and/or debarment action, or coordinate adjudication with the agency if the agency wishes to
take action.
What can I do if the NACI or BI received from OPM does not resolve recent, serious issues sufficiently
to adjudicate the case?
Agencies may request SAB to reopen a NACI for issue resolution of A, B, or C issues (original,
upgrades, or conversions). The agency should submit a written request to reopen the case and
show what issues need to be resolved. Include the name and telephone number of the
requesting official and copies of pertinent documents. If appropriate coverage or issue
resolution is absent from a background investigation, the case should be discussed with OPMFIS Systems Access Support Team at (724) 794-5612, extension 4600. SAST will determine if
the requested information was within the scope of the requested investigation and should have
been covered or if an upgrade investigation or Reimbursable Suitability/Security Investigation
(RSI) is needed to obtain the information.
What should I do if I discover falsification or deception or fraud in examination or appointment is
identified?
Agencies should closely review all application material (such as the OF 612, résumé, OF 306),
or the results of any completed background investigation, for indications of material and
intentional falsification, or deception or fraud. This may relate to responses to the suitability
questions or to qualifications, diploma mill degrees, or other types of merit system fraud.
Agencies must refer the case to SAB when it involves the examination or appointment process
(initial appointment or reinstatement to a covered position). OPM may exercise its jurisdiction
and take a removal and/or debarment action, or coordinate adjudication with the agency if the
agency wishes to take action.
What can I do if the NACI or BI received from OPM does not resolve recent, serious issues sufficiently
to adjudicate the case?
Agencies may request SAB to reopen a NACI for issue resolution of A, B, or C issues (original,
upgrades, or conversions). The agency should submit a written request to reopen the case and
show what issues need to be resolved. Include the name and telephone number of the
requesting official and copies of pertinent documents. If appropriate coverage or issue
resolution is absent from a background investigation, the case should be discussed with OPMFIS Systems Access Support Team at (724) 794-5612, extension 4600. SAST will determine if
the requested information was within the scope of the requested investigation and should have
2014 Background Investigations FAQs
6
FREE Federal and Military Guides Since 2002 – www.feddesk.com
been covered or if an upgrade investigation or Reimbursable Suitability/Security Investigation
(RSI) is needed to obtain the information.
Is it okay if I guess at dates and addresses that I barely remember?
Providing information that is as complete and accurate as possible will assure that your
investigation is completed in an efficient and timely manner. If you are unable to answer a
question with precision, provide approximate information; note that you have done so on the
questionnaire. If you are interviewed in person, point out the approximated information on the
questionnaire to the Investigator.
What is the purpose of OPM's Reimbursable Suitability Investigation (RSI) and how can I request one?
The RSI is not a background or criminal investigation. RSIs are focused investigations to obtain
information to resolve issues developed about an individual. An agency may request an RSI
when it needs additional investigation to resolve issues that might fall outside the normal scope
of another investigation (such as alcohol or drug rehabilitation or credit); to establish a history
or pattern of behavior; or to obtain other information related to suitability or security which is not
necessarily connected to a current background investigation. The cost of the RSI varies
depending on the work to be performed; expedited service is available at an additional cost. A
representative of OPM-FIS will contact the agency prior to scheduling the investigation to
provide a cost estimate. To initiate an RSI, the agency needs only to submit a letter or memo to
OPM-FIS Customer Interface. Customer Interface processes agency requests to reopen
investigations and conduct a Reimbursable Suitability Investigation (RSI). Agencies may submit
their requests via fax (724) 738-0178, or mail: OPM-FIPC Customer Interface PO BOX 618
1137 Branchton Rd. Boyers, PA 16018-0618 If you have a question about a reopen or RSI,
please call the Telephone Liaisons at (724) 794-5228. Reopen or RSI requests must be typed
on agency letterhead and contain the following:
Security Office Identifier (SOI)
Submitting Office Number (SON)
Interagency Payment and Collection Code (IPAC)
Subject's current location and phone number
Clear description of the work being requested in the reopen or RSI
Name, phone number, and email address of the individual submitting the request.
For more information about RSIs, see the Federal Investigation Notices, Letter No. 97-2, dated
July 29, 1997, and Letter No. 93-4, dated June 14, 1993; or, call SAST (724) 794-5612,
extension 4600.
How do I report an action my agency takes based on an OPM Report of Investigation?
Under the provisions of 5 CFR parts 731 and 732, agencies are required to report their final
adjudicative actions to OPM. Per 5 CFR 731.203(g), all actions based on an OPM investigation
must be reported to OPM as soon as possible and in no event later than 90 days after receipt
of the final report of investigation. The INV FORM 79A is included with closed OPM Reports of
Investigation for this purpose. Agencies should follow the instructions provided on the form and
return it to OPM within 90 days after receipt of the final report of investigation. In some cases,
agencies will also be asked to contact OPM to coordinate adjudication. Occasionally, the
agency may be contacted by SAB if OPM decides to assume jurisdiction and adjudicate the
case.
2014 Background Investigations FAQs
7
FREE Federal and Military Guides Since 2002 – www.feddesk.com
How should I handle cases involving an applicant who is not registered with the Selective Service?
An individual's failure to register with the Selective Service is considered an issue of eligibility
for appointment, and agencies should follow the guidance provided in 5 CFR 300.701-707
when considering such individuals for appointment. Questions may be directed to the Human
Capital Leadership and Merit System Accountability Division at (202) 606-2131, or you may
write to: U.S. Office of Personnel Management Human Capital Leadership and Merit System
Accountability Division 1900 E Street NW, Room 7470 Washington, DC 20415.
Will I get a chance to explain some of the answers I provide?
Yes. Many types of background investigations involve a personal interview. Moreover, you may
submit information on extra pages with your questionnaire if you feel you need to more fully
explain details or circumstances of the answers you put on the form.
I am a 17-year veteran. If I was convicted of a felony, am I disqualified from suitability for federal
employment?
Suitability determinations are made on a case by case basis in accordance with part 731 of title
5, Code of Federal Regulations, for covered positions that are subject to investigation.
Covered positions are those in the competitive Federal service, those in the excepted service
that noncompetitively convert to the competitive service, or career appointments to positions in
the Senior Executive Service. This regulation does not apply to military personnel, positions in
the excepted service other than those subject to suitability, or contractors. A felony conviction
does not automatically make one unsuitable for Federal employment. When making a
suitability determination, an agency will evaluate the individual’s character traits and decide
whether their employment or continued employment would or would not protect the integrity or
promote the efficiency of the service. The factors that may form the basis for finding a person
unsuitable can be found under 5 CFR 731.202(b) and include criminal or dishonest conduct.
To the extent deemed pertinent to an individual’s case, the agency making the determination
must give consideration to the additional considerations found under 5 CFR 731.202(c) which
include things like the nature of the position for which the person is applying, the circumstances
surrounding the conduct, the recency of the conduct, and the absence or presence of
rehabilitation.
I was cited for speeding once. Will that keep me from getting a job or a clearance?
Not necessarily. Any negative information is evaluated regarding its recency, seriousness,
relevance to the position and duties, and in light of, and in relationship to, all other information
about you.
Are you going to tell my supervisor that I'm looking for a job?
It is a requirement of a background investigation, and actual employment, that your current
employer be contacted. We must verify your employment data and make other inquiries
concerning your background. If you are a Federal employee or contractor, for example, it may
be that your current employer needs you to have a security clearance for the work you do. In
other instances, you are asked to complete the investigative form for an investigation and
clearance only after a conditional offer of employment has been made for a position requiring a
security clearance.
2014 Background Investigations FAQs
8
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Must the contractors who perform background investigations for OPM be licensed private investigators,
or are they authorized to perform that investigative work by virtue of their contract with OPM?
Agents do not need to be licensed private investigators. All agents working under this contract
must meet the training requirements, qualifications, and the security/fitness requirements
outlined in the contract.
I would like to verify that an individual who left a Calling Card (OPM Form 1634) is retained by OPM to
conduct personnel background checks for government security clearances. I have requested a TS
clearance renewal and this individual has recently contacted me.
Individuals can verify the status of an OPM investigator by contacting FIS Security and Safety
Team at 888/795-5673 or [email protected].
Why do you need information about my relatives?
Relatives sometimes influence the actions of family members. We need to determine if you
could be exploited by threats or pressure against your relatives or if they themselves could
exert pressure against you.
I am being considered for a Federal job and have been given a personnel security questionnaire. It's
very long and asks a lot of personal questions. Do I have to answer all the questions on the form?
Much of that information is already on my resume.
Yes. The resume is part of the application process. The Security Questionnaire is part of the
investigation process. All of the security questionnaire questions should be answered fully,
accurately, and honestly.
I don't want everybody reading my personal information; who sees this information?
The only persons authorized to see your personal information are Personnel Security,
Suitability, and Investigations professionals who have been investigated at the appropriate level
and who have a genuine and demonstrated need for access to the information.
What will happen if I refuse to give you some of this personal information?
The investigation is a job requirement. Providing the information is voluntary, but if you choose
not to provide the required information, you will not meet the requirements of the job and will
therefore not be considered further. If you are already employed by the Federal government,
your appointment will be terminated. The courts have upheld this principle.
I'm not a criminal. Why do you want my fingerprints?
So that we can verify your claim that you're not a criminal by checking the FBI's fingerprint files.
Executive Order 10450 requires that all Federal employees be fingerprinted.
What should I do if I remember something later, after I've filled out the form and returned it?
Immediately notify the security officials to whom you submitted the questionnaire.
2014 Background Investigations FAQs
9
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Why is detailed information about my education required?
Educational history is necessary for jobs that require specific education and expertise. Any
information supplied by the applicant must be verified.
I am applying for Federal Jobs on the USAjobs website and want to know if selling my home on a
Short Sale or Deed In Leu will disqualify my applications or eligibility. Please let me know how either of
these situations would affect my ability to obtain a career with the Federal Government.
The United States Government does not discriminate in employment. The hiring process we
use is merit based, and relies on open competition following public notice of the positions we
are filling. Should you apply for a job on USAJobs.gov, your qualifications and application
materials will be evaluated. Qualified candidates will be compiled on a list and forwarded to a
hiring manager for further review. Your financial situation would not come into play at this
stage of hiring. Some positions will require a background investigation to determine your
suitability for Federal employment or your eligibility for a security clearance. The scope of the
investigation will vary, depending on the nature of the position and the degree of harm that an
individual in that position could cause. This is determined by the hiring Federal agency. In
some instances, your hiring will be contingent upon completion and favorable adjudication of a
background investigation. It is at the background investigation stage that your financial
situation would be considered. Adjudicators use what is called the “whole person” concept to
evaluate a person. Any potentially negative information is evaluated regarding its recency,
seriousness, relevance to the position and duties, and in light of and in relationship to all other
information about a person. Financial situations in your life will not necessarily impact your
ability to obtain a Federal job. We encourage you to apply for any positions in which you are
interested.
Where can I find information on Suitability Adjudication Determination Training?
The Office of Personnel Management’s Federal Investigative Services is currently developing
and offering, on a pilot basis, a course entitled the Fundamentals of Suitability Review and
Adjudication. This course is directed toward Federal employees from Executive Branch
agencies who perform work as suitability adjudicators or have a suitability screening and
adjudication review type function. The purpose of this course is to equip suitability adjudicators
with the necessary tools and knowledge of the suitability review and adjudication processes
outlined in title 5, Code of Federal Regulations, part 731 and the Suitability Processing
Handbook, thereby enabling them to evaluate and adjudicate a person's suitability for Federal
employment. Attendees must be Federal employees who have been issued a copy of the
Suitability Processing Handbook by the designated agency official. Another option for
suitability adjudication training is the USDA Graduate School’s Suitability Adjudication Course.
Information concerning this course can be found at this website: www.graduateschool.edu.
OPM originally developed this course and has approved its content. This course is open only
to Federal employees, and the individual must also have a copy of OPM's Suitability
Processing Handbook to attend the class.
I was politically active during the last elections. Will that hurt my chances for a job or a clearance?
No. It will neither hurt nor help your chances.
2014 Background Investigations FAQs
10
FREE Federal and Military Guides Since 2002 – www.feddesk.com
I sent a letter to OPM requesting a copy of my investigative report for my background investigation (per
the Freedom of Information Act). I sent the letter two months ago. I have not received my report or any
notification. How long does this process take?
Our office has a voluminous workload and requests are completed on a first in/first out basis;
therefore, we are unable to provide a specific timeframe for processing requests.
If an ANACI results in "Denied" eligibility, does the member also lose any Suitability Determination?
I've had both YES and NO responses from several OPM personnel.
Suitability determinations are made on a case by case basis for covered positions in
accordance with title 5, Code of Federal Regulations, part 731. Covered positions are those in
the competitive Federal service, those in the excepted service that noncompetitively convert to
the competitive service, or career appointments to positions in the Senior Executive Service.
This regulation does not apply to military personnel, employees in the excepted service, or
contractors.
My brother works for one of the largest companies in the world, but he didn't have to go through all
this. Why should I?
Congress, through statutes, the President, through executive orders, and the agencies charged
with carrying out these laws and orders have required this process. There is, generally, no
requirement for private employers to use the same guidelines as public employers. Of course, if
your brother's job with the private employer required him to have access to classified national
security information as a contractor to the Federal government, even your brother would have
to be investigated.
Do I have to go to a police station to be fingerprinted?
You may go to a police station to be fingerprinted. In most instances, however, the agency
requiring the investigation and clearance will fingerprint you.
What happens when a falsification or deception or fraud issue is developed in an OPM investigation?
If a material, intentional falsification, or deception or fraud issue is developed during an OPM
investigation, we will contact the agency to coordinate the adjudication. We may assume
jurisdiction after discussing the case with the agency. If an agency feels an OPM investigation
developed a material, intentional falsification, or deception or fraud issue that should have been
adjudicated by OPM but was not, it may contact SAB to request a second review of the case.
Is the decision to sustain an objection to an eligible or pass over a preference eligible a suitability
action? Is there a right to appeal such a decision to the Merit Systems Protection Board?
No; per 5 CFR 731.101(a), determinations made and actions taken under part 731 are distinct
from objections to eligibles or passovers of preference eligibles, and OPM's and agencies'
decisions on such requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right
under 5 CFR part 731 does not extend to any other employment action that an agency takes
outside of the procedures set forth in part 731.
2014 Background Investigations FAQs
11
FREE Federal and Military Guides Since 2002 – www.feddesk.com
I am an Employee Relations Specialist with the Air Force in Germany. We recently terminated a
probationer for misrepresentation of his OF 306. Our discovery of the misrepresentation was NOT part
of any OPM investigation; it was discovered by knowledge obtained by others on our base. We,
therefore, took adverse action under procedures of part 315. 5 CFR 731.103(g) & 5 CFR 731.105(e)
which state that an agency must notify OPM if it wants to take, or has taken, action. My question is to
whom and how should I make the notification?
In cases of covered positions that are subject to investigation as defined in Title 5, Code of
Federal Regulations, Part 731, the Office of Personnel Management retains jurisdiction to make
final determinations and take actions in all suitability cases where there is evidence that there
has been a material, intentional false statement, or deception or fraud in examination or
appointment or there is a refusal to furnish testimony as required by §5.4 of Chapter 5.
Agencies must refer these cases to OPM for suitability determinations and actions under 5 CFR
731, and when an agency wants to take or has taken an action under its own authority (5 CFR
part 315, 5 CFR part 359, or 5 CFR part 752), the agency must notify OPM. OPM may, in its
discretion, exercise its jurisdiction under this part in any case it deems necessary. To notify
OPM of the action your agency has taken, please contact the OPM Suitability Adjudications
office located in Pennsylvania by calling (724) 794-5612.
I have a physical disability. Will that hurt my chances for a job?
No. It is against Federal law to discriminate against an individual based on his or her disability.
When an individual is barred from federal employment up until a certain date and that date
passes, and the person then wants to apply for a federal position, what necessary steps should that
person (applicant) take via OPM?
Once a period of debarment from competition for, or appointment to, specified positions has
expired, a person is eligible to apply to any vacancy announcement posted following the
application procedures outlined for the announcement. The agency to which the person
applies will process the application and evaluate the suitability of the applicant, as appropriate.
I am trying to find information about having an international fiancée. My situation is that I am dating a
girl from Thailand and I would like to file a fiancée Visa application. I know that this will raise concerns
with my clearance. Is there anything I should do before hand to help mitigate any concerns and insure
that if I am investigated again I have taken care of any documentation for this?
OPM conducts the background investigations, which may be requested by Federal agencies as
the basis for a security determination. The adjudication of the investigation and the
maintenance of the security clearance are the responsibility of the agency sponsoring the
clearance. We encourage you to contact your security office as soon as possible to discuss
your situation and ensure you have met their requirements.
Is the decision to sustain an objection to an eligible or pass over a preference eligible a suitability
action? Is there a right to appeal such a decision to the Merit Systems Protection Board?
No; per 5 CFR 731.101(a), determinations made and actions taken under part 731 are distinct
from objections to eligibles or passovers of preference eligibles, and OPM's and agencies'
decisions on such requests, made under 5 U.S.C. 3318 and 5 CFR 332.406. The appeal right
2014 Background Investigations FAQs
12
FREE Federal and Military Guides Since 2002 – www.feddesk.com
under 5 CFR part 731 does not extend to any other employment action that an agency takes
outside of the procedures set forth in part 731.
How do I report an action my agency takes based on an OPM Report of Investigation?
Under the provisions of 5 CFR parts 731 and 732, agencies are required to report their final
adjudicative actions to OPM. Per 5 CFR 731.203(g), all actions based on an OPM investigation
must be reported to OPM as soon as possible and in no event later than 90 days after receipt
of the final report of investigation. The INV FORM 79A is included with closed OPM Reports of
Investigation for this purpose. Agencies should follow the instructions provided on the form and
return it to OPM within 90 days after receipt of the final report of investigation. In some cases,
agencies will also be asked to contact OPM to coordinate adjudication. Occasionally, the
agency may be contacted by SAB if OPM decides to assume jurisdiction and adjudicate the
case.
How should I handle cases involving an applicant who is not registered with the Selective Service?
An individual's failure to register with the Selective Service is considered an issue of eligibility
for appointment, and agencies should follow the guidance provided in 5 CFR 300.701-707
when considering such individuals for appointment. Questions may be directed to the Human
Capital Leadership and Merit System Accountability Division at (202) 606-2131, or you may
write to: U.S. Office of Personnel Management Human Capital Leadership and Merit System
Accountability Division 1900 E Street NW, Room 7470 Washington, DC 20415.
How can I confirm that someone who wishes to interview me as part of a background investigation for
a prospective employee is legitimate; i.e., does, in fact, work for this office?
The identity of OPM investigators can be confirmed through Federal Investigative Services’
Security and Safety Team. There are two ways to confirm the identity of an investigator; by
phone at 888/795-5673 option 1 or by e-mail to [email protected].
I have had several bad check charges, and I am being consider for a nurse assistant job. Is this going
to disqualify me?
Each agency to which you apply will be responsible for making the appropriate access, fitness,
suitability and/or clearance determination for any position for which you are being considered.
Therefore, it will be up to the agency to decide the impact the situation you describe has on the
hiring decision. If asked on any Federal application or background investigation documents,
you are required to report the applicable information related to the bad check charges.
Do you ever interview someone's ex-spouse or relatives?
For some types of investigations, the former spouse may be interviewed regarding the Subject
of the investigation. The need to interview a former spouse is dependent on the type of
investigation requested.
2014 Background Investigations FAQs
13
FREE Federal and Military Guides Since 2002 – www.feddesk.com
How can I know if a person who says he is an investigator for OPM is for real. I have been called by
someone who wants to interview me in regards to a friend of mine. I want to make sure it is not a
scam.
The identity of OPM investigators can be confirmed through Federal Investigative Services’
Security and Safety Team. There are two ways to confirm the identity of an investigator; by
phone at 888-795-5673 option 1, or by e-mail to [email protected].
In 2006 I went into Bankruptcy (Chapter 13) and also graduated with a bachelor's degree in finance.
I have a clean criminal record. Would my banruptcy keep me from getting a job in a finance dept. for
the federal gov't.? If so, can I still apply for any other job?
Your 2006 Bankruptcy does not restrict you from applying for Federal positions for which you
may qualify; however, each federal agency or department to which you apply is responsible for
making the appropriate access, fitness, suitability and/or clearance determination. Therefore, it
will be up to the hiring agency to decide the impact your 2006 Bankruptcy has on the hiring
decision for a position with fiduciary responsibilities or any other position within the agency.
I have friend who has a DUI, and wants to apply to the government. Will he be able to be hired with a
DUI on his record?
Each federal agency or department to which an individual applies is responsible for making the
appropriate access, fitness, suitability and/or clearance determination for any position for which
the person is being considered. Therefore, it will be up to the hiring agency to decide the
impact the DUI has on the hiring decision. If asked on any Federal application or background
investigation document, the DUI must be reported.
Can I lose my security clearance if I had to file bankruptcy in the past year?
Your employing agency is responsible for making this determination. Executive Order 12968,
as amended, sets forth the responsibility and requirements for agency heads to determine the
need for employees within the agency to have access to classified information, in addition
to the eligibility requirements for being granted access and maintaining such access.
I currently have an active TS/SCI clearance that expires 09/29/2012. My 5 year re-investigation was
scheduled for 06/29/2012; however, I received a RIF notification yesterday stating that I will be
separated on 06/16/2012. My sub-agency is being shut down. Does my agency have the ability to
grant me some sort of extension on my clearance as I look for other federal and contractor
employment? Also, if I lose my TS clearance to I automatically drop down to a Secret or is it nothing?
Security clearances are granted on a need-to-have basis when a person's position requires
access to classified information. When the need to access classified information ceases (such
as when the person leaves the position), the clearance is terminated (as opposed to dropping
to a lower level). A terminated clearance may be reinstated if the same level or lower access is
required within two years and a reinvestigation is not due. Based on the information you
provided, your reinvestigation will be due in June, and an investigation would be required
before another agency could grant you a security clearance at that time. There is currently no
mechanism for an agency to continue to sponsor a person's clearance when the person no
longer requires the access. Your agency security office can advise you further on your specific
situation.
2014 Background Investigations FAQs
14
FREE Federal and Military Guides Since 2002 – www.feddesk.com
I am applying for numerous federal jobs. I missed my appointment with my accountant this April and
was not able to get another in time for April 15. I have not filed my federal tax return yet. I always get
refunds so I don't get too concerned about this. If you have not filed your taxes, but do not owe
anything, how will this affect employment with the federal govt. Can I simply file my taxes to fix this?
Could I get hired w/out having filed my taxes?
Each agency to which you apply will be responsible for making the appropriate access, fitness,
suitability and/or clearance determination for any position for which you are being considered.
Therefore, it will be up to the agency to decide the impact not filing Federal taxes has on the
decision to hire you. When asked on any Federal application or background investigation
documents, you would be required to report the applicable information related to the non-filing
and/or non-payment of your Federal taxes.
HOW OFTEN IS A SECURITY CLEARANCE DONE AND IS IT AUTOMATICALLY INITIATED WHEN
A PERSON'S CLEARANCE RE-INVESTIGATION DATE COMES DUE?
Security clearances are granted on a need to know basis when there is a need for access to
classified information. The reinvestigation requirements differ based on the type of clearance.
For Top Secret, the person will undergo a reinvestigation every five years. For Secret and
Confidential, the reinvestigation requirements are every 10 and 15 years, respectively. The
sponsoring agency is responsible for initiating the reinvestigation at the appropriate time.
For what reason, other than applying for a job, would someone be investigated?
The U.S. Office of Personnel Management (OPM) conducts background investigations to
determine if applicants or employees (civilian, military and contractor) meet the suitability or
fitness requirements for employment, or are eligible for access to Federal facilities, automated
systems, or classified information. The scope of a background investigation varies depending
on the duties and access requirements for the position. The employing or sponsoring agency is
responsible for determining the appropriate level of investigation to be conducted based on
current rules and procedures. A background investigation may also be conducted if an
individual’s position requires a higher level of access or a periodic reinvestigation to maintain
existing access. Additional information on OPM’s Federal Investigative Services can be found
on our website at: http://www.opm.gov/investigate/index.aspx.
Does the Office of Personnel Management offer jobs to veterans who have criminal records (felonies
or misdemeanors)? And if so, what are the guidelines?
Each federal agency or department, including OPM, is responsible for making the appropriate
access, fitness, suitability and/or clearance determination for any position in which an
individual applies and is being considered. A criminal record does not necessarily exclude an
individual from consideration for Federal employment. However, it will be up to the hiring
agency to decide the impact an individual’s criminal record has on the hiring decision. If asked
on any Federal application or background investigation documents, individuals are required to
report the applicable information related to their criminal records.
I received an email (not digitally signed) from someone from USIS trying to contact me to obtain my
current location. How do I independently (of the email phone # and email address) verify whether this
is a legitimate request?
2014 Background Investigations FAQs
15
FREE Federal and Military Guides Since 2002 – www.feddesk.com
Individuals can verify the status of an OPM investigator by contacting the FIS Security and Safety
Team at 888/795-5673 or [email protected].
In October of 2011 a final adjudication was made on a position of trust security clearance. The
adjudication was "No Determination", and I have tried to find a way to rectify this. The causative issue
was resolved in the summer of 2009. I was only told that if I wanted to I could reapply but not until one
year after the adjudication. This has cost me a job and the chance of employment in the government
for a year. Is there nothing that can be done?
Each federal agency is responsible for making the appropriate access, fitness, suitability,
and/or clearance determination on an individual applying to or holding a position within the
agency. Adjudicative procedures vary depending on the authority under which a case is being
adjudicated. Therefore, should you have further questions regarding the adjudication you
reference or its effect on your ability to apply for or hold other government positions, we
recommend you contact the agency that made the decision.
I currently have two DD214s from two separate times of service. I was given an Other than
Honorable(OTH) on my second term of service. It is currently being reviewed at the Army Review
Board Agency. I was advised by a lawyer that I did not need to submit it on my Declaration of Federal
Employment as it was still being reviewed. I did, however, disclose and discuss this action on my eQIP and Investigating Officer, and it did not keep me from obtaining a Secrete Clearance. Can this
non-discloser be reason for termination, now more than a year later? I did not try and hide it purposely
and do not want to be terminated for this.
Questions about what action your agency may take due to an omission of information from a
Federal form should be referred to the appropriate officials within your agency. Generally,
when considering an omission of information from a Federal form as an issue of dishonesty, an
agency will give consideration to the intent of the individual in not reporting the information or
whether the omission was deliberate.
I am with a consumer reporting company and have been asked if I am OPM classified to do
background checks at a Federal Waste Disposal Plant. Can I become approved and what are the
required checks that would have to be done to conform to your standards?
OPM conducts background investigations for the U.S. Government. These investigations are
completed by a combination of Federal employees and contract investigators under contract to
and with the oversight of OPM. Additionally, a few Federal entities have been delegated
authority to complete their own background investigations and some use contract investigators
to perform that function. OPM does not "classify" or otherwise approve commercial
organizations to complete background investigations.
2014 Background Investigations FAQs
16